Crime and Corruption poll report on Gold Coast City Council released

FAILED mayoral candidate Penny Toland may be referred to the Queensland Electoral Commission and could face prosecution after the Crime and Corruption Commission released its report into last year’s elections.

MAYORAL candidate Penny Toland may be referred to the Queensland Electoral Commission after failing to disclose donations and gifts-in-kind by a heavyweight union.

The recommendation is made by the Crime and Corruption Commission in its Operation Belcarra report tabled in State Parliament today.

TOLAND FRONTS INQUIRY

Penny Toland,(AAP Image/Dan Peled)

Ms Toland today told the Bulletin: “Basically in relation to the CCC conclusions about my evidence — I do not agree with their conclusion and that is reflected in my response which is annexed in the report.”

MAYOR TATE: “I HAVE NOTHING TO HIDE”

Gold Coast Mayor Tom Tate leaves a hearing at the Crime and Corruption Commission (CCC) .(AAP Image/Dan Peled)

While the CCC found evidence that other candidates including Mayor Tom Tate, Councillor Kristyn Boulton and Felicity Stevenson had not complied strictly to electoral rules, there was no recommendation to take further action.

Ms Toland had submitted a disclosure return which did not include any gifts or donations provided by the CFMEU.

She had given evidence that she had decided she only needed to “disclose things that were gifted in kind or donated financially to her”.

MAYORAL CANDIDATE UNDER FIRE

Gold Coast Deputy Mayor Donna Gates at the CC .(AAP Image/Dan Peled) NO ARCHIVING

While she had met with union officials, her evidence was that their campaign was supportive but outside of her own.

But the CCC formed the view that the CFMEU had provided $38,241 in gifts to her campaign, and that these should have been disclosed.

GOLD COAST COUNCIL ELECTION PROBE

“”Based on the evidence, Ms Toland’s evidence that she was unaware of expenditure and activities the CFMEU was conducting on her behalf does not seem credible,” the report said.

“Irrespective of whether or not she was aware during her campaign, it is clear that Ms Toland was made aware of the donations either at the same time as she had submitted her disclosure return, or shortly after.”

Gold Coast City councillor Cameron Caldwell at the Crime and Corruption Commission (CCC) (AAP Image/Dan Peled)

The report said the CCC determined there was “sufficient evidence to refer this matter to the ECQ” for consideration of prosecution proceedings if it considered there had been an offence under the Local Government Electoral Act.

“Some matters remain under investigation,” the report said.

ROBERT AT ODDS WITH BOULTON

The CCC found Councillor Tate had a dedicated account for his campaign but paid campaign expenses came from multiple personal accounts.

Gold Coast City Councillor Kristyn Boulton leaves a hearing at the Crime and Corruption Commission (CCC) (AAP Image/Dan Peled)

Cr Tate in his evidence indicated that he had taken the view that moving money from his personal accounts into a mayoral account “did not serve any additional transparency”.

“However, Cr Tate acknowledged at the public hearing that he should have operated a dedicated account, even though he received no donations from third parties and his campaign was entirely self-funded,” the report said.

$60K SLUSH FUND NEVER REVEALED TO BOULTON

The CCC determined there was sufficient evidence to refer the matter to the ECQ to consider any prosecution.

Felicity Stevenson (AAP Image/Dan Peled)

“However, given the systemic nature of this issue, the CCC determined to take no further action,” the report said.

The CCC’s investigation confirmed that both Councillor Boulton and Ms Stevenson, who had worked at various stages in Fadden MP Stuart Robert’s office, received $30,000 each from the LNP.

GOVERNMENT ANNOUNCES REFORMS

But there was no evidence to suggest they had formed a group to promote each other’s election.

The CCC found Cr Boulton should have submitted on her disclosure return that the LNP rather than the Fadden Forum, a fundraising and networking group operated by Mr Robert, was the source of the funding.

Stuart Robert (AAP Image/Mick Tsikas)

After Cr Boulton lodged an amended disclosure return, the CCC determined it was not in the public interest to take further action.

Given Ms Stevenson took similar steps, it also decided not to take action.

The Crime and Corruption Commission has made more than 30 recommendations to improve election transparency following an investigation into councils including Gold Coast City.

ROBERT: I WANTED TO STOP LABOR

The CCC Operation Belcarra report, sparked by a series of articles by the Gold Coast Bulletin, was tabled in State Parliament this morning.

A key recommendation includes a parliamentary committee review which will look at expenditure caps for council elections.

Last year’s election was the subject of the inquiry. Picture: Jerad Williams

The CCC has also called for the Local Government Electoral Act to be amended to allow for real-time disclosure of electoral expenditure by candidates.

Under current guidelines, candidates only need to disclosure expenditure within seven days, creating problems with last minute donations before the poll.

Candidates will also be required to provide details of whether they are a member of a political party.

The Electoral Commission of Queensland would also be required to provide “the maximum amount of donation disclosure data available on its website”.